-2- AND WHEREAS a Land Use Contract ds deemed to be 2 Zoning By-law for ‘ighe purposes of the “controlled Access Highvays Act" snd if the innd is i) aituated that it is subject to such “act", the approval of the Hinieter of Highways to the use set forth in this Agreement must first be obtained before the Municipality can enter into the sane; AND WHEREAS a Land Use Contract may not deal with any lands designated flood plain on the Official Regional Flan, until the said contract de approved by the Minister of Municipal Affairs; AND WHEREAS the Developer acknowledges that he is fully aware of the provisions and limitations of Sections 702A of the "Municipal Act" and the Municipality and the Developer mutually acknowledge and agree that the Council of the Municipality cannot enter into thix agreement until the Council has held a public hearing thereon, in the manner prescribed by law, has duly considered the representations made and the _ opinions expressed at such hearing, and unless at least two-thirds of all the members of the Counc ii vote dn favour of the Muni dpality entering into this Contract. NOW THEREFORE this agreement witnesseth that in consideration of the premises and the conditions and covenants hereinafter set forth, the Municipality and the Developes covenant and agree as follows: 1. ° (a) In this Agreement unless the context otherwise requires: "Building Inspector"! shall be construed to mean and include the Building inspector for the Municipality and his duly authorized assistauts oF such Consultants as may be appointed a) act for the Municipality. “Complete” or “Completion” or any variation of these words when used with respect to the work or works referred to herein shall mean coupletion to the satisfaction of the Municipal Engineer of che Municipality when so certified by him in writing. ; “Engineer” shall be construed to mean and include the City Engineer for the Hunicipality and his duly authorized assistants or such Consulting or other Professional Engineers a8 may ba appointed to act for the Muniedpality. ‘work! or “Works! or any variation of these words shall be construed to nean and include sll work required to be done for the setting out, the execution and the completion of thie Agreement to the satisfaction of the Municipality.